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Tanzania decisions
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The High Court upheld a CMA award dismissing a labour revision over alleged psychological injury after non-renewal of employment, finding no proved causal link or legitimate expectation.
The High Court held that Eric Kabendera’s claim against Vodacom was a civil tort claim filed out of time and dismissed it as hopelessly time barred.
The suit is time barred because the cause of action arose in March 2019 when the alleged unlawful acts occurred, and the plaintiff neither pleaded nor established any legal exemption to the limitation period; ongoing correspondence or investigation does not suspend the limitation period.
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The High Court (Civil Division) lacks jurisdiction over tortious liability claims arising from employment relationships, which fall within the exclusive jurisdiction of the Labour Court; the suit is also time barred as the cause of action arose in 2017 and was filed in 2023, beyond the three-year limitation period.
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The High Court struck out an employee’s negligence claim against his former employer, holding the dispute fell within labour institutions’ jurisdiction under section 88 of the ELRA.
The arbitrator and mediator acted within their jurisdiction; condonation for delay was justified due to medical reasons; the issues framed were based on parties' pleadings; the applicant breached the employment contract by failing to comply with termination procedures; damages awarded for breach and tort were supported by evidence; no sufficient grounds were shown to revise the CMA award.
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The High Court at Bukoba overruled a preliminary objection that the suit lacked necessary parties, holding the objection did not arise from the plaint.
The High Court allowed a first appeal, holding that the tort claim was filed out of time under the three-year limitation period and was therefore time-barred.
The suit was time barred as the cause of action arose on 14.08.1991 when the order to release the vessel was issued, and the suit was filed over 8 years later, exceeding the statutory limitation period for both tort and contract claims.
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Claims for damages arising from employer's alleged negligence in providing safe equipment to employees are complaints arising from the employment contract and fall within the exclusive jurisdiction of the Labour Court under Tanzanian labour statutes.
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